Texas House Bill HB1183

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

Relating to county and municipal authority to prohibit the operation of e-cigarette retailers near primary or secondary schools.

Impact

If passed, HB 1183 would lead to significant changes in local ordinances and regulations concerning e-cigarette retailers. It would allow local governments to enact more stringent measures that could help mitigate the public health risks posed by e-cigarettes, particularly to young and impressionable students. By allowing schools to request additional restrictions, the bill acknowledges the role educational institutions play in safeguarding student health, potentially resulting in fewer outlets for e-cigarette sales in proximity to these campuses.

Summary

House Bill 1183 aims to empower county and municipal authorities in Texas to regulate the operation of e-cigarette retailers near primary and secondary schools. The bill outlines specific distances from schools where e-cigarette retailing is prohibited: within 300 feet of any public or private primary or secondary school, and 1,000 feet if requested by the school district or private school's governing body. This legislative initiative reflects growing concerns about the accessibility of vaping products to students and the potential health risks associated with adolescent vaping behaviors.

Contention

The bill may face contention from e-cigarette retailers and advocates of personal freedoms, who argue that such regulations could unfairly limit their business operations. There could be concerns about the effectiveness of these restrictions, with critics suggesting that simply moving retailers further away from school campuses does not directly address the issue of youth vaping. Additionally, the bill exempts retailers where e-cigarette sales account for less than 50 percent of their gross receipts, which may lead to debates about the practicality and enforcement of the regulation on smaller businesses.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: New Section